Author Info for (ACOEL) | American College of Environmental Lawyers

Jerry Anderson

Environmental Penalties: Disparity and Discretion

Environmental law enforcement seeks to achieve greater compliance by punishing intentional violations and ensuring that violators do not achieve a competitive advantage through avoidance of compliance costs. To achieve that… more

Enforcement Actions, Environmental Protection Agency (EPA), Environmental Violations, Penalties

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Elizabeth Armistead Andrews

The Conundrum of Managed Retreat

In the climate change resilience space, there is much talk of Managed Retreat – the concept that some areas will be so inundated with recurrent flooding from sea level rise, increasingly severe storm events, and outdated… more

Climate Change, Flood Management, Flooding, Natural Disasters, Property Owners

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Vicki Arroyo

Teaching Environmental Law in Tumultuous Times

Happy new year, ACOEL colleagues and friends! Following (nearly) four years in the Biden Administration serving as Associate Administrator for Policy at EPA, I am happy to be back in my teaching role at Georgetown University… more

Biden Administration, Climate Change, Electric Vehicles, Environmental Policies, Environmental Protection Agency (EPA)

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Adam Babich

Using Subject Matter Jurisdiction to Dump Inconvenient Cases

Successful objections to subject matter jurisdiction can operate like a King’s-X for illegal behavior – a hole in the rule of law. Where there is no subject matter jurisdiction, fairness, truth, and justice become irrelevant… more

Judicial Review, Standing, Subject Matter Jurisdiction

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Chester Babst III

The Seemingly Endless Path to Define WOTUS

The definition of “waters of the United States” (WOTUS) determines federal jurisdiction under the Clean Water Act (CWA). It affects U.S. Army Corps of Engineers (Corps) permitting for impacts from crossing, or otherwise… more

Clean Water Act, Environmental Protection Agency (EPA), Federal Jurisdiction, Navigable Waters, US Army Corps of Engineers

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Charles Becker

Tack Into The Wind

BEFORE THE SUPREME COURT OF THE ENVIRONMENT - DeMo Crate, LLC, Plaintiff, vs. Republic Canning Co., Defendant. JKDNG:02292022 RULING ON APPEAL - Justice Toldyu delivered the opinion of the Court, in which Justice… more

Constitutional Challenges, Discharge of Pollutants, Environmental Litigation, Environmental Policies, Environmental Protection Agency (EPA)

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Gregory Bibler

Right Whale in the Wrong Place at the Wrong Time

On November 16, 2021, the First Circuit Court of Appeals issued an opinion reversing a district court’s order enjoining the National Marine Fisheries Service (“NMFS”) rule that barred the use of lobster traps with traditional… more

Endangered Species, Endangered Species Act (ESA), Environmental Policies, Fishing Industry, Marine Mammal Protection Act (MMPA)

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James Blackburn

Reflections on the Voluntary Response to Climate Change

Today in the United States, there is no federal comprehensive statute addressing climate change. With the Trump Administration now in power, it is doubtful that any such statute will be forthcoming anytime soon. Unfortunately,… more

Carbon Capture and Sequestration, Carbon Emissions, Climate Change, Corporate Governance, Environmental Policies

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Donald Bluedorn II

ChatGPT and the Environmental Lawyer

Unless you have been hibernating this winter, you know about ChatGPT, the artificial intelligence chatbot that rolled out late in 2022. Its developer, OpenAI, describes ChatGPT as follows: We’ve trained a model called ChatGPT… more

Artificial Intelligence, Bots, Data Management, Legal Project Management, Machine Learning

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Kristen Boyles

Industrial Wood Pellets: A False Climate Solution

The industrial wood pellet industry in the U.S. manufactures and exports wood pellets to burn in power plants to produce electricity, and this has been praised as a climate solution, a source of renewable energy. The truth is… more

Carbon Emissions, Clean Energy, Climate Change, Environmental Justice, Environmental Policies

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Chris Braun

Keep Makin’ Bacon” Indiana’s Right to Farm Act Statute Upheld As Constitutional

Indiana, like every other State, has adopted a Right to Farm Act to “reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance.”… more

Agricultural Land, Agricultural Sector, Constitutional Challenges, Denial of Certiorari, Farm Animals

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Stephen Brown

A Great Idea Celebrates 150 Years

On March 1, Yellowstone National Park — the world’s first — marked 150 years since Ulysses S. Grant inked it into existence. In an often repeated quote, Wallace Stegner called national parks America’s best idea. As Yellowstone… more

Federal Land, National Park Service, National Parks

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F. William Brownell

The Clean Power Plan—And Around We Go

In 2015, EPA proposed a rule requiring states to develop plans to cut CO2 emissions from the power sector—the Clean Power Plan (“CPP”). EPA explained the rule would result in “significant emission reductions” for that sector,… more

Biden Administration, Carbon Emissions, Clean Energy, Clean Power Plan, Climate Change

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Robert Brubaker

Marbury v. Chevron: The Ohio Constitution’s Separation of Powers Restricts Deference to Administrative Interpretations of Law

Marbury v. Madison established that “[i]t is emphatically the province and duty of the judicial department to say what the law is.” Fast forward 163 years, and section 706 of the Administrative Procedure Act also ordained that… more

Administrative Interpretation, Administrative Procedure Act, Agency Deference, Ambiguous, Chevron Deference

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Michael Burger

Combating Climate Change with the Clean Air Act’s International Air Pollution Provision

As the key staffing decisions and priority policy agendas for President-elect Joseph R. Biden begin to take shape, the questions of when and how the administration will act on his campaign’s climate plan are front and center… more

Air Pollution, Biden Administration, Clean Air Act, Climate Change, Environmental Policies

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LeAnne Burnett

Right in My Back Yard… A View from a Rimby's Window

I became an inadvertent environmental lawyer in 1988 when my supervising attorney plunked a foot-high stack of paper on my desk (sorry, youngsters, paper was the medium) and asked me to decipher the CERCLA/Superfund statute –… more

CERCLA, Contaminated Properties, Site Remediation, Superfund

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Leslie Carothers

Should Environmentalists Welcome Declining Birthrates?

The annual release of projections for how long the Social Security trust funds will be able to pay the amounts earned by beneficiaries shows that the gap has grown between what retirees are scheduled to receive and what current… more

Climate Change, Environmental Assessments, Environmental Claims, Environmental Policies, Health and Environment

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Derb Carter Jr.

Protecting the Lesser Prairie-Chicken on Private Land in a Shifting Regulatory Environment

As they do every year, male lesser prairie-chickens gathered this Spring on the 48,000-acre Gardiner Angus Ranch in Ashland, Kansas for their ritual mating dance to attract females. The Gardiner Ranch has some of the best… more

Conservation, Endangered Species, Endangered Species Act (ESA), Energy Sector, Habitat Conservation Plan

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Sarah Chasis

Giving Thanks

Utilizing his authority under the Antiquities Act, President Biden recently issued a proclamation restoring protections for the Northeast Canyons and Seamounts Marine National Monument, an outstanding ocean area approximately… more

Antiquities Act, Biden Administration, Endangered Species, Fishing Industry, Marine Life Protections

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Jeff Civins

Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality—A Nut Case?

In Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality, the Texas Supreme Court clarified the statutory definition of “Best Available Control Technology”(BACT) under the Texas Clean Air Act… more

Administrative Procedure Act, Appeals, Clean Air Act, Environmental Litigation, FERC

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Karl Coplan

An Unexpected Journey: Can Tree Sitting Drive Policy?

A year ago I retired from the active practice and teaching of environmental law to pursue a lifelong dream of sailing a small boat around the world. For me, it is a way of seeing some of the great places on earth while avoiding… more

Environmental Policies, Forestry, Trees

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Robin Kundis Craig

California Dreaming Is Becoming a Reality: Solar Canals May Mean Having More Water As Well As More Solar Energy

On March 25, 2025, the University of Southern California’s (USC’s) Public Exchange and independent advisor Solar Aquagrid announced the California Solar Canal Initiative, a seven-university project to assess the technological,… more

California, Energy Policy, Energy Projects, Inflation Reduction Act (IRA), Infrastructure

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Karen Aldridge Crawford

2023 WOTUS Rule Enjoined in Texas and Idaho (Or “Here We Go Again”)

On March 19, 2023, a federal district court in Texas granted a preliminary injunction prohibiting the January 2023 Revised Definition of Waters of the United States (2023 WOTUS rule) promulgated by Environmental Protection… more

Administrative Procedure Act, Chevron Deference, Clean Water Act, Due Process, Environmental Protection Agency (EPA)

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Gregory DeGulis

CCR Update- Ready for Another Acronym?

For those seasoned rockers, CCR means Creedence Clearwater Revival, but for environmental lawyers, CCR means Coal Combustion Residuals (“CCR”) which is a slurry by-product from the generation of electricity from coal fired power… more

Appeals, Coal-Fired Generation, Coal-Fired Plants, Electricity, Litigation Strategies

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John Dernbach

Pennsylvania Supreme Court Holds State’s Legal Representation Legally Inadequate For Failure To Argue Environmental Rights Amendment

On July 18, 2024, the Pennsylvania Supreme Court decided that environmental groups were entitled to intervene in a case challenging the lawfulness of a greenhouse gas regulation because the state’s attorneys failed to raise the… more

Climate Change, Environmental Litigation, Environmental Policies, Greenhouse Gas Emissions, PA Supreme Court

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Charles DiLeva

Sand and Sustainability

Since retiring from environmental leadership positions at the World Bank, I have taken on teaching assignments including a course entitled “Circular Economy in the Construction Sector”. The students taking this course are… more

Carbon Emissions, Climate Change, Environmental Social & Governance (ESG), Green Buildings, Infrastructure

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Alexandra Dapolito Dunn

The Time Is Overdue To Intentionally Align Environmental Justice And Sustainability

This blog posting is derived from an article I recently published in the University of Missouri, Kansas City Law Review at the invitation of our Fellow and friend Irma Russell, to whom I am indebted for much guidance and counsel… more

Environmental Justice, Environmental Policies, Environmental Protection Agency (EPA), Green Infrastructure, Regulatory Agenda

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Pamela Elkow

Bidding Adieu to the Connecticut Transfer Act … and Welcoming a New Remedial Approach

In September 2020, during a special legislative session, Connecticut took the plunge and passed Public Act 20-9, a statute that will sunset the Connecticut Transfer Act, and replace it with a release-based reporting and remedial… more

Commercial Property Owners, Contaminated Properties, Department of Energy and Environmental Protection, Hazardous Waste, Real Estate Transfers

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Daniel Esty

COP26 Retrospective: Historical Turning Point Toward a Sustainable Future?

When the history of the global shift toward a clean energy economy and a sustainable future gets written decades from now, it may well be that the COP26 Climate Change Conference will be seen as a watershed moment. While the… more

Carbon Emissions, Climate Change, COP, Greenhouse Gas Emissions, Net Zero

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Andrea Field

Remembering that BLM Stands for Black Lives Matter, Not That Government Agency

Saying nothing about racial injustice should never have been an option. And it is not an option now. Saying I lack the right words should never have been a reason not to try to find those words. And it is not a reason now… more

Ethics, Law Enforcement, Leadership, National Origin Discrimination, Police Brutality

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Kevin Finto

If You Need the Money I’ve Got the Fine

With apologies to Lefty Frizell, that is a terrible suggestion on how to fund environmental programs. But, we need to figure something out. As environmental lawyers, we spend a lot of effort discussing the substantive and… more

Budget Cuts, Cooperative Federalism, Department of Environmental Quality, Environmental Council of the States (ECOS), Environmental Policies

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Andrew Fitz

A Pep Talk (Mostly to Myself)

Twenty years ago, a long-time friend and I were driving home from a fine day of rock climbing. After our usual climber talk—debating which route ratings were soft or sandbagged, and re-living crux sequences with excited… more

Climate Change, Environmental Violations, Social Justice Issues

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Richard Frank

The American West Is Drying Out. Here’s What We Can Do About It.

The American West is in the throes of a “megadrought”—one that’s plagued the region since 2000. Indeed, the Western U.S. has entered an era of water crisis that’s unprecedented in recorded American history. Due to climate… more

Agricultural Sector, Climate Change, Drought, Water, Water Conservation

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Heidi (Goldstein) Friedman

What’s All the Chatter About? Does the Supreme Court’s Harvard Opinion Really Endanger Environmental Justice Priorities?

As so many of my professional circles eagerly awaited the Supreme Court’s decision in Students for Fair Admissions v. Harvard (the Harvard Decision), they wondered what it might mean for the Biden administration’s environmental… more

Biden Administration, Diversity and Inclusion Standards (D&I), Environmental Justice, Environmental Litigation, Environmental Social & Governance (ESG)

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Scott Fulton

Water, Water, Everywhere?

Posted on April 14, 2023 by Scott Fulton One of my roles as ELI’s International Envoy is serving on the Steering Committee of the new Climate Crisis Commission established by the International Union for the Conservation of… more

Climate Action Plan, Climate Change, Environmental Policies, International Union for the Conservation of Nature (IUCN), NGOs

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Theodore Garrett

A Property Right To Exclude Others: Cedar Point Nursery’s Implications For Regulatory Enforcement

The Supreme Court recently heard oral argument in Cedar Point Nursery v. Hassid (No. 20-107), a case that has generated considerable amicus participation and press coverage. In that case, union organizers, relying on a… more

Amicus Briefs, Certiorari, Fifth Amendment, Oral Argument, Private Property

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Michael Gerrard

Trump Executive Orders on Energy and Environment: A Quick Summary

On the evening of the second inauguration of President Trump, the White House released a flurry of executive orders on a wide range of subjects. Several of them specifically concerned energy and the environment. The general… more

Climate Change, Energy Policy, Environmental Policies, Executive Orders, Fossil Fuel

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Erik Grafe

An Alaska-sized land conservation decision that may nonetheless be news to you

In the last week of August, the Biden administration finalized protection of 28 million acres of federal land and water in Alaska that is critical for birds, fish, caribou, and the communities that rely on them. That’s an area… more

Alaska, Alaska Native Claims Settlement Act (ANCSA), Biden Administration, Environmental Policies, Environmental Protection Agency (EPA)

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Sam Gutter

Still Running Against the Wind … or With It

Ten miles by water from our home on Cape Cod in Falmouth, Massachusetts, you would think that the future of offshore wind is now. New Bedford is the local home of Vineyard Wind, where massive components are loaded onto huge… more

Biden Administration, Clean Energy, Energy Projects, Energy Sector, Infrastructure

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Ridgway Hall, Jr.

Tackling the Zombies

What can a frustrated state legislator do when the agency implementing the Clean Water Act fails to renew expired permits or sanction major violators? Legislation recently adopted by Maryland provides some innovative answers… more

Clean Water Act, Environmental Protection Agency (EPA), Legislative Agendas, New Legislation, NPDES

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Kelly Haragan

Houston Highway Tests Biden’s Promise of Equitable Infrastructure

The Biden Administration has acknowledged the racist history of the U.S. interstate highway system and its ongoing negative impacts on many Black neighborhoods. Presidential Memorandum on Redressing Our Nation’s and the Federal… more

Biden Administration, Climate Change, Department of Transportation (DOT), Disparate Impact, Environmental Impact Statements

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Jeffrey Haynes

Can Standing Trees Be Taken?

A recent Sixth Circuit decision holding unconstitutional a municipal tree ordinance that required mitigation or payment as a condition of tree removal has caused some consternation among municipal lawyers, who foresee the demise… more

Fifth Amendment, Local Ordinance, Municipalities, Natural Resources, Property Owners

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Lisa Heinzerling

Where Is Gundy v. United States?

In the first week of October, the justices heard argument in Gundy v. United States, in which a convicted sex offender argues that the Sex Offender Registration and Notification Act (SORNA) violates the nondelegation doctrine by… more

Administrative Authority, Attorney General, Congressional Intent, Environmental Policies, Gundy v United States

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Tracy Hester

Bounty Laws and Citizen Suits

In a jurisprudential pile-up, the Fifth Circuit has become the arena for two simultaneous legal battles that may shape the law of standing and realign federal environmental law. While all eyes are on the U.S. Supreme Court as… more

Abortion, Appeals, Citizen Suits, Clean Air Act, Environmental Litigation

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Thomas Hnasko

New Mexico Eviscerates the Absolute Pollution Exclusion

In my last blog, I discussed the seminal ruling in Chisholm’s-Village Plaza, LLC v. Travelers Insurance Co., et al.; No. 2:20-cv-00920-JB-KRS, in which the United States District Court for the District of New Mexico analyzed the… more

Breach of Contract, CERCLA, Contamination, Cost Recovery, Insurance Industry

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Edward Hogan

Environmental Justice in New Jersey: Another Hurdle for an Applicant to Jump and an Opportunity for Enhanced Public Participation

In enacting its innovative Environmental Justice Law, the New Jersey state legislature declared, among other things, that: “all New Jersey residents, regardless of income, race, ethnicity, color, or national origin, have a right… more

Environmental Justice, Environmental Policies, NJDEP, Permits, Public Hearing

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Richard Horder

On Elections, Pendulums, and Perspective

Let me state this at the outset. I am a lifelong ACLU Liberal Democrat who has never voted for a Republican. Thus, the results of the election on November 5th put me in a deep funk. Nothing that has happened since that time,… more

Climate Change, Enforcement, Environmental Policies, Environmental Rule of Law (ERL), Legislative Agendas

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Ronald Robert Janke

Who Will Stop the Rain?

The Ohio EPA has adopted and submitted to US EPA for approval the Maumee Watershed Nutrient Total Maximum Daily Load (TMDL) to address impairments to drinking water, aquatic life and recreational uses in shoreline and open… more

Environmental Policies, Environmental Protection Agency (EPA), Storm Water, TMDL, Waste Treatment Facilities

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Seema Kakade

Working to Advance Pro Bono Legal Assistance for Environmental Justice

The environmental legal community is experiencing a resurgence in attention to environmental justice. Federal government attorneys are working on environmental justice as a top priority in regulatory, permitting, and funding… more

Environmental Justice, Environmental Litigation, Environmental Policies, Pro Bono

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Susan Kath

UN Special Rapporteur Targets ‘Sacrifice Zones’ Caused by the Ongoing Toxification of People and the Planet

In his latest report, the sixth in a series of thematic reports, Professor David Boyd, the UN Special Rapporteur on Human Rights and the Environment celebrates a turning point in the evolution of human rights: the October 8,… more

Air Pollution, Contamination, Environmental Justice, Environmental Policies, Hazardous Waste

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Sanne Knudsen

Kisor Helps Auer Find Its Way Back To Seminole Rock

Shortly before the new year, when the holidays were in full swing, Kisor v. Wilkie celebrated its half-birthday. That was quick. Just six months ago – when short winter days were long summer nights, when peppermint mochas were… more

Administrative Agencies, Administrative Procedure Act, Auer Deference, Chevron Deference, Department of Energy (DOE)

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Steven Kohl

Environmental Justice and the Era of “Woke” Permitting

There is no question the policy considerations underlying Environmental Justice (EJ) are valid. As a society, we need to recognize that some communities are more at risk than others and devise means to mitigate these risks or at… more

Environmental Justice, Environmental Policies, Environmental Protection Agency (EPA), General Permit

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Dennis Krumholz

Progressive New Jersey, Take Two

Classical advice for the neophyte novelist is to “write what you know.” Well, the same ought to hold true for blogs. And rather than “staying in Vegas,” what happens in New Jersey ought to serve as a model of what other states… more

Climate Change, Environmental Litigation, Environmental Policies, Global Warming, New Jersey

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Lloyd Landreth

Can We Blame This On The ‘Rona?

Being the Husband and Father of 3 medical professionals who have been on the front-lines of COVID-19, I am the last person to make a joke of the pandemic. At the same time, like many of you, I am worn-slick with the 24-7… more

Contamination, Coronavirus/COVID-19, Environmental Justice, Environmental Policies, Environmental Social & Governance (ESG)

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Elliott Laws

Environmental Response Trusts: Surrogate for Federal and State Regulators?

A common result of corporate bankruptcies is the creation of environmental response trusts or “ERTs”. ERTs are created to address environmental issues for which the bankrupt company has responsibility. ERTs typically are… more

Clean-Up Costs, Commercial Bankruptcy, Environmental Remediation Costs, General Motors, Trusts

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Peter Lehner

Building on the IRA’s Farm Policy Momentum

On August 16, 2022, President Biden signed into law the Inflation Reduction Act (IRA), historic legislation that for the first time directly addresses climate change mitigation across multiple sectors, including agriculture. The… more

Agricultural Sector, Biden Administration, Carbon Capture and Sequestration, Climate Change, Environmental Policies

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Brenda Mallory

Will NEPA’s Golden Anniversary be Tarnished by the Trump Administration’s efforts to overhaul the long-established regulations?

As the 50th Anniversary of the National Environmental Policy Act approaches, we may be on the verge of one of the most significant regulatory revisions in the statute’s history. NEPA advocates—and all those who believe it is… more

Bureau of Land Management, CEQ, Environmental Policies, Environmental Review, Executive Orders

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David Mandelbaum

Superfund Remedies Good Enough for Now, Not Forever

Several weeks ago, Seth Jaffe posted a piece on this blog about the Comprehensive Environmental Response Compensation and Liability Act. I disagree with him. If you want to reduce the overall cost to the economy of the… more

CERCLA, Contamination, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Debbie Mans

New Jersey Governor Signs Historic Environmental Justice Legislation

New Jersey Governor Phil Murphy recently signed a historic environmental justice bill to protect overburdened communities from pollutants. The law requires the New Jersey Department of Environmental Protection (NJDEP) to deny… more

Air Pollution, Discharge of Pollutants, Environmental Justice, Environmental Policies, Governor Murphy

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Carol McCabe

EPA’s FY 2021 Enforcement Results: Insights for Clean Air Act Enforcement

When it comes to enforcement initiatives, EPA’s priorities are clear. EPA’s National Enforcement Initiatives are announced on a three-year cycle, and EPA’s annual release of enforcement results is an extensive and in-depth… more

Air Pollution, Clean Air Act, Clean Air Act Violations, Enforcement Actions, Environmental Justice

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Robert McKinstry, Jr.

Pennsylvania Supreme Court Holds State’s Legal Representation Legally Inadequate For Failure To Argue Environmental Rights Amendment

On July 18, 2024, the Pennsylvania Supreme Court decided that environmental groups were entitled to intervene in a case challenging the lawfulness of a greenhouse gas regulation because the state’s attorneys failed to raise the… more

Climate Change, Environmental Litigation, Environmental Policies, Greenhouse Gas Emissions, PA Supreme Court

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Steven Miano

Disasters and Environmental Laws - Have We Learned Our Lesson?

I recently had the opportunity to speak at a State University of New York (SUNY) conference for a group of exceptional primary and high school Science, Technology, Engineering and Math (STEM) teachers. These teachers are part of… more

Climate Change, Environmental Policies, Natural Disasters, Public Health, Severe Weather

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Zach Miller

Toppling Caligula’s Column: Seeking a Viable, Durable WOTUS Rule

On December 7, 2021, EPA and the Army Corps of Engineers jointly issued a formal Proposed Rule to define “waters of the United States” (WOTUS) regulated under the Clean Water Act (CWA). Comments on the proposal are due by… more

Clean Water Act, Clean Water Rule, Comment Period, Navigable Waters, Proposed Rules

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Smita Narula

Food is finally on the table of global environmental summits, but to what end?

Industrial food systems are responsible for one-third of greenhouse gas emissions and are a key driver of deforestation and biodiversity loss, threatening more than 85 percent of the 28,000 species at risk of extinction. But the… more

Agribusiness, Agricultural Sector, Climate Change, Environmental Policies, Environmental Summit

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Barry Needleman

The PFAS Battle Heats Up In The Northeast?

New Hampshire, like many northeast states, is pursuing a concerted regulatory and litigation approach to address contamination from emerging contaminants in the so-called PFAS suite of chemicals, (per- and poly-fluoroalkyl… more

Clean Water Rule, Clean-Up Costs, Contaminated Properties, Drinking Water, Groundwater

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Jennifer Nijman

EPA’s New PFAS Reporting Rule - Can It Be Done?

Just this month, on October 11, 2023, EPA issued its final rule under the Toxic Substances Control Act (TSCA) requiring a wide range of companies to report and retain records of extensive PFAS data. The rule will take effect… more

Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances, PFAS, Regulatory Reform

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Robert Olian

There’s a First Time for Everything

Anyone with even a passing interest in environmental law has seen numerous articles over the past four years noting the Trump administration’s efforts to roll back this or that environmental regulation. ACOEL’s blog contains… more

Air Pollution, Air Quality Standards, Cremation, Environmental Policies, Executive Orders

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Todd Palmer

NASA Satellite Data May Provide A Glimpse into the Future

NASA's Earth Observing System Project gathers data from a fleet of satellites orbiting the planet. This system of satellites is playing an increasingly important role in measuring air pollution and informing regulatory policy… more

Air Pollution, Climate Change, Coronavirus/COVID-19, Fossil Fuel, Greenhouse Gas Emissions

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Patrick Parenteau

Sackett Preview: Sound and Fury Signaling What Exactly?

The Supreme Court kicks off its 2022 term on October 3 with the highly anticipated argument in Sackett v EPA. Petitioners are seeking another blockbuster ruling a la West Virginia v EPA that hamstrung EPA’s authority to reduce… more

Clean Air Act, Clean Water Act, Environmental Litigation, Environmental Protection Agency (EPA), Greenhouse Gas Emissions

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Robert Percival

Environmental Law in China: Perspectives from a Return Visit

Effective March 1, 2023, the Chinese government abruptly lifted travel restrictions imposed to combat the COVID pandemic. In August I visited China with one of my students, my first visit in more than four years. Five of the… more

China, Chinese Environmental Protection Laws, Climate Action Plan, Environmental Justice, Environmental Policies

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Jeffrey Pollock

Global Warming and Insurance Underwriting 2024

Although most insurance carriers do not speak in terms of global warming, the insurance market is making rapid changes in response to increased storms, tornadoes, rain, flooding, wildfires and other natural disasters. Because… more

Environmental Claims, Global Warming, Insurance Industry, Settlement, Underwriting

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Kevin Poloncarz

Canada Given Green Light to Carbon Pricing: Why the Supreme Court of Canada’s Decision Should Matter to Those South of Our Northern Border

On March 25, 2021, the Supreme Court of Canada upheld the Greenhouse Gas Pollution Pricing Act (“GGPPA”), which establishes a national pricing benchmark for greenhouse gas (“GHG”) emissions. Reference re Greenhouse Gas Pollution… more

Canada, Carbon Emissions, Carbon Pricing, Climate Change, Constitutional Challenges

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Gerald Reid

Whales, Lobsters, and the Paradox of Winning Too Much

“We’re gonna win so much, you may even get tired of winning. And you’ll say, ‘Please, please. It’s too much winning. We can’t take it anymore.’” That was what then-candidate Trump promised life would be like in America during… more

Compliance, Endangered Species, Endangered Species Act (ESA), Environmental Litigation, Land Use Claims

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Nicholas Robinson

New York’s Constitutional Right To The Environment

On November 4th, by a 2:1 majority, New York voters amended the State’s Constitution to provide a right to the environment for everyone in the State. The New York State Constitution’s Bill of Rights now provides in Article 1… more

Constitutional Amendment, Environmental Rights, New York, Public Health, State Constitutions

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Brian Rosenthal

What a Difference a Day Makes

On Day One, the 46th President of the United States signaled his focus on climate, the environment, and energy in executive orders, official correspondence, and memoranda. In a few strokes of his pen, the President undid much or… more

Biden Administration, Climate Change, Energy Sector, Environmental Justice, Environmental Policies

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J.B. Ruhl

NEPA, Supreme Court base here. The Eagle (County) has landed.

On May 29, 2025, the Supreme Court—minus recused Justice Neil Gorsuch—decided Seven County Infrastructure Coalition v. Eagle County, the first major NEPA dispute before the Court in 20 years. It’s a really big deal—coverage is… more

Administrative Procedure Act, Energy Projects, Environmental Litigation, Infrastructure, Judicial Review

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Irma Russell

Protection of Lawyers Against Defamation Actions Does Not Apply to Press Releases

Last month, I served on a panel for the State Bar of Texas Environmental Law Superconference, which focused on an important recent decision by the Texas Supreme Court. In Landry’s Inc. and Houston Aquarium, Inc. v. Animal Legal… more

Defamation, Immunity, Press Releases, Rules of Professional Conduct, TX Supreme Court

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Paul Seals

Austin: A Battle Among Progressives

The City of Austin has become a battleground for progressive initiatives. On June 9, the City Council approved a resolution directed at water quality, flooding, and environmental justice. Surprisingly, these laudable objectives… more

Affordable Housing, Environmental Justice, Flooding, Pollution Control, Urban Planning & Development

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Amy Sinden

In Praise of Fuzzy Math

As we approach the two-year mark, there are plenty of unfinished items on the President’s to-do list. One in particular that tends to escape the limelight is of crucial importance to implementing Biden’s policy priorities,… more

Air Pollution, Biden Administration, Cost-Benefit Analysis, Environmental Policies, Hazardous Substances

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Philip Tabas

Full Funding Finally

The US’s most important conservation program is about to get the assured funding that its creators envisioned 55 years ago. The US House of Representatives voted 310-107 on July 22nd to approve the Great American Outdoors Act… more

Bipartisan Budget, Conservation, Federal Funding, Great American Outdoors Act (GAOA), Habitat Conservation Plan

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Melinda Taylor

Protecting the Lesser Prairie-Chicken on Private Land in a Shifting Regulatory Environment

As they do every year, male lesser prairie-chickens gathered this Spring on the 48,000-acre Gardiner Angus Ranch in Ashland, Kansas for their ritual mating dance to attract females. The Gardiner Ranch has some of the best… more

Conservation, Endangered Species, Endangered Species Act (ESA), Energy Sector, Habitat Conservation Plan

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Mary Ellen Ternes

Plastic’s Smoking Gun on the Road to Busan

In the 1967 movie “The Graduate,” a family friend famously tells the title character “I just want to say one word to you. Just one word. Plastics. There’s a great future in plastics. Think about it.” Well, those of us engaged in… more

Asbestos, Chemicals, Environmental Policies, Plastics, Pollution Control

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Jeff Thaler

Time Has Come For A New Declaration Of Independence

The ACOEL webpage “About Us” states that we are to be “Advocates for environmental law and process for a better environmental future.” Allow me to throw down this gauntlet to Members: What “better environmental future” is the… more

Air Pollution, Clean Energy, Clean Power Plan, Climate Action Plan, Climate Change

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William Thomas

All (New and Improved?) Appropriate Inquiry

ASTM announced revisions to its standard practice for Phase I environmental site assessments (E1527-21) on November 1, 2021 (the “Standard”). They will take effect on January 1, 2022, with publication and adoption by the U.S… more

AAI, ASTM, CERCLA, Environmental Liability, Environmental Protection Agency (EPA)

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Dennis Toft

Determining Disparate Impacts in Environmental Justice Communities: Does Friends of Buckingham v. State Air Pollution Control Board Provide the Roadmap?

It has long been recognized that minority and disadvantaged communities are subject to higher levels of pollution than more affluent non-minority areas. This fact is the basis of the need for Environmental Justice to ensure that… more

Air Pollution, Disparate Impact, Environmental Justice, Environmental Litigation, Environmental Policies

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Ed Tormey

The Mixed Up World of Blending

Recently I read a news release that the U.S. Eighth Circuit Court of Appeals had issued a mandamus order against the U.S. EPA. Mandamus order? My mind went back to law school and Marbury v. Madison, which may have been the last… more

Administrative Procedure Act, Clean Water Act, Environmental Protection Agency (EPA), Notice and Comment, Rulemaking Process

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Dennis Treacy

Poisonous Benefits?

Fifty years ago the Commonwealth of Virginia experienced a human health and environmental crisis when the insecticide Kepone was discovered in the blood of manufacturing workers and in the fish and sediment of the James River at… more

Environmental Policies, Insecticide, Supplemental Environmental Project (SEP) Policy, Virginia

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Eugene Trisko

The Rise and Decline of Coal Mining Jobs, 1970-2022

Coal production and mining jobs over the past half-century have been influenced by several factors, principally demand from the utility sector, technological breakthroughs in natural gas production, railroad deregulation, and… more

Annual Reports, Clean Air Act, Coal, Coal Industry, Department of Energy (DOE)

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David Ullrich

The Battle for Carlin Lake

A small lake in Northern Wisconsin became the battleground for a classic showdown between a small group of cottage owners and a well-healed, politically connected entrepreneur. The battle stretched out over seven years between… more

Drinking Water, Lake Access, Land Owners, Property Owners, Water

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Peter Van Tuyn

Pandemic Snapshot: Injustice in Salmon Country

Faced with the global pandemic, Bristol Bay’s people, tribes and communities sprung quickly into action. Bristol Bay, Alaska, has roughly 7,000 year-round residents in 31 villages and communities spread over an area larger than… more

Comment Period, Coronavirus/COVID-19, Deadlines, Emergency Management Plans, Environmental Impact Statements

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Michael Wall

Loving—and Living with—the Neutrality of Administrative Law

One salutary feature of administrative law—the core practice of many environmental litigators—is its predominant neutrality. There is nothing partisan about the principles that an agency must draw a “rational connection between… more

Administrative Procedure Act, Environmental Litigation, Judicial Review

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Kenneth Warren

Oh, Congress Forgot The Science

In an ACOEL blog posted on July 27, 2021, Seth Jaffe expressed his support for the Supreme Court’s majority opinion in the Maui case and the subsequent ruling by the District Court. In Maui, the Supreme Court held that an NPDES… more

Clean Water Act, Direct Discharge, Discharge of Pollutants, Groundwater, Hawaii Wildlife Fund v County of Maui

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Timothy Webster

What a Difference a Day Makes

On Day One, the 46th President of the United States signaled his focus on climate, the environment, and energy in executive orders, official correspondence, and memoranda. In a few strokes of his pen, the President undid much or… more

Biden Administration, Climate Change, Energy Sector, Environmental Justice, Environmental Policies

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H. Thomas Wells, Jr.

People Pollution: Has Public Nuisance Law Been Stretched Too Far?

There is a widely recognized opioid crisis in America, affecting literally thousands of people who have become addicted to opioids. Something must be done to address this crisis, but is the 700 year old legal theory of public… more

Crisis Management, Opioid, Public Nuisance, Statutory Interpretation

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Marla Wieder

Asbestos, for the Rest of Us…

Whether you celebrated Festivus, Christmas or any real or recently manufactured holiday this past season, as a former upstate New Yorker my thoughts inevitably turn to snow. But sadly, after decades working in the hazardous… more

Asbestos, CERCLA, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Ezekiel (Zeke) Williams

What’s the Big Deal With NEPA?

Congress passed, and President Richard Nixon signed, the National Environmental Policy Act (“NEPA”) in 1970. The legislation is deceptively simple, taking up less than six pages upon enactment. It requires a federal agency… more

Administrative Procedure Act, Environmental Assessments, Environmental Impact Report (EIR), Environmental Policies, NEPA

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Jeannette Wolfley

COP 26 and Indigenous People

Indigenous peoples are experiencing rising sea levels, relocating villages, declining salmon runs and failing wild rice fields. Tribal nations are on the front lines of climate change and are disproportionately experiencing its… more

Climate Change, Environmental Policies, Tribal Lands

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Sandra Zellmer

Will the 30 x 30 Initiative Protect 30% of Freshwaters by 2030?

A global movement is underway to protect 30 percent of the Earth’s lands and waters by 2030. More than seventy countries support this goal to combat climate change and slow the pace of species extinction, both of which are… more

Climate Change, Endangered Species, Environmental Policies, Water, Water Conservation

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